Bringing together those whose lives and livelihoods revolve around companion animals

Tag Archives: publications and appearances

The Maryland General Assembly’s Task Force appointed to address Tracey v. Solesky are working on a bill, and the General Assembly may have the opportunity to vote on the bill during an upcoming special session this month. The bill is expected to impose liability on all dog owners, regardless of breed, but revert to the common law for landlords, imposing liability only if the landlord knows of the dog’s vicious propensities.

UPDATE (8/6/12): The American Bar Association’s House of Delegates just issued Resolution 100, promoting breed neutral legislation and proposing the elimination of breed bans and breed specific legislation.

The Virginia Federation of Humane Societies will also be hosting its annual conference in Williamsburg, Virginia on March 29-31, 2012. Workshop and presentations include using social media to increase the effectiveness of foster programs, putting together an animal cruelty investigation and case, feral cat rescue and management, and enrichment activities for high energy dogs. Animal control officers can get credit for attending these great workshops.

If you have time tomorrow (Sunday, September 11, 2011), please come join me for a presentation on Dog Ownership and the Law from 1:00 to 3:00 at Fur-Get Me Not’s Dog Training School at 4120 South Four Mile Run Drive in Arlington, Virginia.

If you think of it, please register online beforehand on Fur-Get Me Not’s website, in order to give us a sense of how many people are coming. But if you didn’t pre-register, no worries! Feel free to drop by anyway.

Attendance is free, but we are suggesting a $15 donation. All proceeds go straight to Fur-Get Me Not’s rescue partners, including Homeward Trails Animal Rescue!

Fur-Get Me Not is introducing a new “Back to School” series in September, and I was honored to be asked to contribute. Join me at Fur-Get Me Not on September 11 from 1:00 to 3:00 PM for a presentation on “Dog Ownership and the Law.”

This presentation will discuss the state of companion animal and dog law, focusing on the most pressing legal issues facing dog lovers and our dogs. I’ll discuss topics such as the duties and responsibilities of pet owners, breed specific legislation, and the state of companion animal law in Virginia.

Registration is required (and very simple – just go to their website to register on line!). The seminars take place in Fur-Get Me Not’s wonderful new training studio located at 4120 Four Mile Run Drive in Shirlington. Fur-Get Me Not suggests a $15 donation for these sessions (except Doggie Yoga, see below), and the proceeds will be donated to Fur-Get Me Not’s rescue partners, including Homeward Trails Animal Rescue!

Here is the rest of the line up for the Back to School Series:

On September 18, Pure Prana Yoga Studio will have a “Doggie Yoga” session. The cost of this session is $35, $15 of which will be donated to Fur-Get Me Not’s rescue partners.

Tickets will be $2 each, or 3 for $5. The drawings will be held at the Super Pet Expo at 4:00 PM on Sunday. You don’t need to be present, but we will require your name and email address and/or phone number on the raffle tickets — solely so that we can contact the winners.

Raffle #1 (Protect Your Mark! ) includes:

A free intellectual property assessment and preliminary trademark availability search and report for a lucky business or not for profit organization, by my colleague, Alain Lapter (the winner will need to clear a conflict check with Bean, Kinney & Korman, P.C.)

A one year subscription to NOVADog Magazine

Premier dog toys from Cooperative Paws

A gift certificate for a three-month Treat of the Month Club from Karing by Kristina and Barkley Square, and yummy Barkley Square goodies

Raffle #2 (Plan for Your Pal!) includes:

A free pet trust for one companion animal from my colleague Jennifer Lee and me (limited to individuals in Maryland, DC and Virginia — winner will need to clear a conflict check with Bean, Kinney & Korman, PC)

Awkward Family Photo book

Dog training phone consultation with Opportunity Barks

Premier dog toys from Cooperative Paws

A gift certificate for one free weekend of pet care from Karing by Kristina, and Barkley Square goodies

Raffle #3 (Weekend in Woodbridge)

A weekend of cageless boarding and spoiling for your dog pal with the Pawkeepers in Woodbridge, Virginia

Don’t forget to stop by the Super Pet Expo this Friday, Saturday and Sunday in Chantilly, Virginia! Bean Kinney will be in Booth #721 (note this is a slight change from our original location). We’ll have great giveaways and raffles, including a raffle dedicated to this post on pet trusts — one free pet trust for one lucky companion animal! Another raffle will include a free intellectual property/trademark consultation for a business or rescue! Please stop and say hello!

Provisions For Pets: How To Include Four-Legged Family Members In Your Estate Planning

Just last year, forlorn family members brought Bonnie, a five-year-old Golden Retriever mix, to a local shelter. Bonnie’s owner had just died, and the family wasn’t able to keep her. Bonnie was very lucky – she was adopted by one of the shelter veterinarians the very same day she went up for adoption.

Not all dogs are as lucky as Bonnie. The Humane Society of the United States estimates that animal shelters across the country care for six to eight million animals a year, and approximately three to four million are euthanized each year. These numbers are down drastically from the 1970s, when 12 to 20 million animals were euthanized each year, but we still have a long way to go. One way to avoid this unfortunate scenario is to provide for your pets in your estate planning.

Beyond Leaving Money to Your Pet

Many people scoff at the idea of including pets in their estate plans, pointing to stories such as billionaire New York City hotel operator Leona Helmsley. When Helmsley – nicknamed the “Queen of Mean” – died in 2007 at the age of 87, she left a $12 million trust to care for her ill-tempered Maltese, Trouble. Of her $4 billion estate, Helmsley left $5 million in cash and $10 million in trust to her brother, and $5 million in cash and $5 million in trust to two of her four grandchildren. Helmsley cut the other two grandchildren out completely.

Not surprisingly, the family filed suit, and the court cut Trouble’s trust from $12 million to $2 million. That $2 million goes towards annual costs of $60,000 for the caregiver’s guardian fee, $8,000 for grooming, $1,200 for food and $100,000 for full time security. Apparently, Trouble needed security after having received multiple death threats.

Planning for your pets is about much more than just leaving money to your pampered pooch. If you fall ill or are in an accident, everyone around you will be devastated and may not think about your pets. In that situation, your pets need immediate care, and your loved ones need guidance. The better you plan, the easier it will be for your grief-stricken relatives and friends to help.

Recent changes in estate law and the manner in which courts view pets have made planning for the future easier. The following are a few of the tools you can use to plan for the care of your pet. Because of differences in state law and the considerations unique to each pet owner and pet, it is recommended that you consult an attorney to determine the best tool for your particular situation.

Your Will

Some pet owners make provisions for the care of their pet in their will. However, a will has several drawbacks – it can take a long time to probate a will, or someone may contest it. Your wishes may not be put into effect until the conflict is resolved or a court may refuse to enforce your instructions. Additionally, a will is only effective upon your death.

Power of Attorney

Should you become incapacitated, a power of attorney with special provisions for your pet can be very useful. Those provisions should authorize your agent to care for your pet and spend your money for your pet’s care. You can also give your agent the power to place the pet with a long-term caregiver if necessary. However, a power of attorney is only effective while you are alive.

Pet Trusts

Perhaps the best option is to have a power of attorney along with a pet trust. A pet trust is a legally enforceable method to arrange for the care and maintenance of your pet in the event you become incapacitated or die. Depending on the laws of the state in which a pet trust is established, a pet trust can continue for the life of your pet or 21 years, or whichever occurs first.

One of the most important decisions is to designate a trustee of your pet trust. The trustee will hold, manage, and administer the trust funds according to the terms of the trust. You must also decide who will be the pet’s caregiver on a day-to-day basis. It is crucial to name someone who is willing and able to take on this duty. You should name alternate trustees and pet caregivers in the event the original trustee or caregiver becomes unable to serve in their respective functions for whatever reason.

In a pet trust, you can be as specific as you wish about the care of your pet. Consider the standard of living you want your pet to have, and the type of care that your pet is to receive. You can specify your preferred brand of pet food, veterinarians, walking/exercising instructions, training, behavior concerns, and other special instructions. For instance, when owner Ken Kemper of Hagerstown, Maryland died several years ago, Kemper left $400,000 and his house to his three rescues – a beagle and two lab mixes named Buckshot, Katie and Obu-Jet. He also left instructions that the dogs were to have a special weekly dinner. The dogs’ caretaker continues Kemper’s tradition of a Friday night spaghetti dinner, complete with meatballs and garlic bread.

How Much is Enough?

Determining what sums are reasonable for your pet’s care is important so that you can fund the trust appropriately. Expenses to be considered include food, housing, medical care, and grooming.

As with Leona Helmsley, courts will not hesitate to scale back a pet trust that is out of line with the amount someone has left for their loved ones. The amount you should leave in a trust for the care of your pets must factor in not only the size of your overall estate, but also the needs and age of your pets.

Bonnie was very fortunate that she found someone right away to care for her. But not all dogs in her situation are as lucky. With careful estate planning, you can give your loved ones the guidance they need to provide for your pets in the unfortunate event of your death or incapacitation. There is no time like the present to get your estate planning in order – for you and your pets!